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UNITED STATES v. POLLACK

Nos. 73-3218, 73-3363.

503 F.2d 87 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Robert D. POLLACK, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Kenneth N. DELLAMATER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 27, 1974.

Attorney(s) appearing for the Case

Leslie A. Kast (appeared), West Covina, Cal., for appellant in 73-3218.

David Elson (argued), of Simon, Sheridan, Murphy, Thornton & Hinerfeld, Los Angeles, Cal., for appellant in 73-3363.

Thomas E. Kotoske, Asst. U. S. Atty., (argued), Los Angeles, Cal., for appellee.

Before CHAMBERS and CARTER, Circuit Judges, and SCHWARTZ, District Judge.

OPINION

JAMES M. CARTER, Circuit Judge:

This is an appeal from the judgment of conviction on one count of conspiracy to violate and two counts of counselling and inducing a violation of 18 U.S.C. § 1005, which proscribes making, drawing, issuing, putting forth, or assigning any banking document or obligation without authority. We reverse.

I. FACTS

Defendants Robert D. Pollack ("Pollack") and Kenneth N. Dellamater ("Dellamater") agreed...

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